He answered the question without a pre-determined conclusion. He answered with a conditional statement. That is how you answer the question without a pre-determined conclusion.
“If it’s unfair, we are going to do the same thing Democrats do,” Rubio said. “We’re going to use lawyers to go to court and point out the fact that states are not following their own election laws.”
That is the most reasonable way to answer that question. If an election is unfair, you should take reasonable actions to mitigate things, and accept the result otherwise, which is what he said. If anyone is trying to create a narrative its NBC for choosing to ask the question.